Revolutionary War Pension and Bounty Land Warrant Application File S. 23647, Silas Gates, Mass.

SERVICE
Gates, Silas
NUMBER _____
NUMBER S 23647
CONTENTS

4421 New York
Silas Gates
of Rodman in the State of New York who was a Private in the Company commanded by Captain Hagg of the Regt commanded by Col. Holman in the _____ line for 9 1/2 m. W of Mill
Inscribed on the Roll of New York at the rate of 31 Dollars 66 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 th day of Jan y 1833 — " — " — and due to O. Hagg Watson, N.Y.
Arrears to 4th of Sep. 1832 $47.49 Pension allowance ending Apr. 33 15.83 $63.32
{ Revolutionary Claim, Act June 7, 1832 }
Recorded by Geo. Siles Clerk Book D Vol. 5. Page 92

L. Gates Hungerford agent Watertown N.Y.
8957
as sent to 9th and 10th

STATE OF NEW YORK, } ss. Jefferson County, }
ON this 12 day of September 1837, personally appeared in open Court, before the Judges of the Court of Common Pleas, in and for said County, now sitting, Silas Gates a resident of Rodman in said County, aged seventy four years, who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as here-in stated.
In Worcester Massachusetts enlisted about first of Decr 1775 for one & half month under Capt. Haysg. St. Wheeler marched to Dorchester there served the term for which he enlisted and was discharged. Genl Washington commanded the Port.
In July 1776 enlisted for five months at Worcester under Capt. Gales Col. Holman marched to the City of New York remained until the last of Augt when the Battle on Long Island took place, retreated to Brooklyn, there remained until the British took possession of the City, then retreated up the river to Croton Manor where he remained until the time was out for which he enlisted and then there discharged. Genl Washington had the immediate command at New York.
In August 1777 again enlisted at Worcester for three months under Capt. Hubbard, Genl. Simcoe's Brigade, marched to Saratoga served in that neighborhood until the Surrender of Burgoyne, then marched down the river to Albany (when he was discharged after having served the full time for which he enlisted. Genl Gates commanded at Saratoga.
was born in Worcester in 1758 believe his age is recorded in that Town. Since the Revolution he has resided in Worcester & Petersham Mass. Whitingham Vermont and Rodman his present residence. Has no documentary evidence, and knows of no person whose testimony he can procure, who can testify to his services. and further that owing to the infirmity of health of the Rev. Mr. Spear to whose Society he belongs, it would be extremely difficult to procure his attendance at Court.

He hereby relinquishes every claim whatever to a Pension or Annuity except the present; and declares that his name is not on the Pension Roll of the Agency of any State.
Sworn to, and subscribed, the day and year aforesaid.
P. Burchard Clerk
his Silas X Gales mark
We, Elisha Cook a Clergyman, residing in the Town of Rodman in said County, and Elisha Cook residing in Sam Town hereby certify, that we are well acquainted with Silas Gales who has subscribed and sworn to the above declaration; that we believe him to be Seventy four years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn to, and subscribed, the day and year aforesaid.
P. Burchard Clerk
Elisha Cook Elisha Cook
And the said Court hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant, was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that Elisha Cook who has signed the preceding certificate, is a Clergyman, resident in the town of Rodman and that Mrs. Cook who has also signed the same, is a resident in Rodman and is credible persons and that their statement is entitled to credit.
I, PELEG BURCHARD, Clerk of the Court of Common Pleas, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Silas Gales for a Pension.
In testimony whereof, I have hereunto set my hand and seal of the Court, this 12th day of September 1832
P. Burchard Clerk

No 8959 Silas Gates.
17
24 Nov 32
W Hungerford Watertown
NY Page 87.

BRIEF in the case of  Silas Gates  of  Redman  in the State of  New York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? in Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 74 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     alt Decr Enlisted In 1775 for 1 1/2 mo served — 1 1/2 — Gen. Washington Cap Hagg   July 1776 Enlisted for 5 mo served — 5 — Cap Gates Col Holman   Aug. 1777 Enlisted for 3 mo served — 3 — Cap Hubbard  Putnam Brig- Gen Gates  
 5. In what battles was he engaged? nine stated  6. Where did he reside when he entered the service? don't state  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
A. Leininger
Examining Clerk.

State of New York Jefferson County ss
Silas Gater being first duly sworn according to Law doth depose and say, that he resided in Worcester Mass- achusetts, during the Revolutionary War, that he never received any written discharge from the Army, and that Matthew Strong Benjamin Green and Wiley Nickles reside in his neighborhood and can testify to his character for truth & veracity and their belief of his services as a soldier of the Revolution
Sworn to & subscribed before me this 24 th day of Decr. 1832
his Silas Gater mark
Abraham Burr Commissioner

State of New York Jefferson County
I, Peleg Brunchard Clerk of said County Do hereby certify that Abraham Burr (Commissioner) Esq r before whom the within affidavit was taken, was on the date of the same a Commissioner in & for said County commissioned & duly author- ized to take the same and further that I am well acquainted with the hand writing of said Commissioner and verily believe his signature to the same is genuine
In Testimony whereof I have hereunto set my hand & affixed the seal of said County this 25 th Day of December 1832
P. Brunchard (Clerk)
By M c Sherman Dept Clerk

Dear Gates,
attm h

108957
BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Silas Gates of Rodman  N.Y. which require further proof or explanation.
 I. Does the declaration show where the applicant resides? yes  II. Did the declarant make the declaration in the county where he resides? yes  III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?  IV. Has the declarant mentioned the period or periods of the war when he served? yes  V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes  VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes  VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes  VIII. Has the Court given their opinion? yes  IX. Has the Clerk given his certificate? yes  X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes 

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? on no
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yes
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡ Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 2 nd 3 rd 6 th 7 th yes
look again  EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension.”

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Resolutions
23647 INVALID.
File No. 23647
Silas Gates
Rev War
Act: June 7 th 82 nd
Index:—Vol. 2 , Page 168
[Arrangement of 1870.]